registration of FIR Archives

Punjab and Haryana HC directs State of Punjab to ensure that FIR must be registered whenever a complaint reflecting commission of cognizable offence is made

Prima-facie case for wrongfully restraining the team of doctors and restraining them from doing their official duties was made out and both these offences were punishable under Sections 341 and 353 of the IPC. However, despite disclosing commission of cognizable offences, the police did not register an FIR.

Case Briefs High Courts

‘Forcibly entry to school, death threats, scuffles with Police’, No preliminary enquiry needed for FIR against Student Leader for cognizable offence: MP High Court

The Court opined that the objective of a preliminary inquiry is to screen out frivolous and motivated complaints, not to ascertain the veracity of the information received.

Case Briefs High Courts

[PASA, 1985] Mere registration of FIR cannot have nexus with breach of maintenance of public order; Gujarat HC quashes preventive detention order against step-father

A detention order was passed by the Police Commissioner, Surat, against the victim’s step-father and was detained under the Gujarat Prevention of Anti-social Activities Act, 1985 as a sexual offender for disturbing the ‘public order’.

Case Briefs Supreme Court

SC reminds Police to be vigilant before invoking stringent laws like SC-ST Act; expresses concern over litigants criminalising civil disputes

“The huge and unexplained delay of over 60 years in initiating dispute with regard to the ownership of the land, and the criminal case being lodged only after failure to obtain relief in the civil suits, coupled with denial of relief, reeked of malafide on the part of the complainant.”

Case Briefs High Courts

Telangana HC | [Interference under Art. 226] Writ Jurisdiction of the High Court cannot be invoked for registration of FIR in cases where an effective remedy lies under the Code of Criminal Procedure

Telangana High Court: P. Naveen Rao J., while dismissing the present petition, reiterated that the scope of interference under Article 226 is

Case Briefs Supreme Court

Section 22 of MMDR Act does not bar Magistrate to direct registration of FIR under Section 156(3) CrPC; holds SC

The violators cannot be permitted to go scot free on payment of penalty only.

Case Briefs High Courts

Chh HC | Prospective accused is neither necessary nor a proper party in a writ petition seeking direction for registration of FIR and investigation into cognizable offence

Chhattisgarh High Court: A Full Bench of Prashant Kumar Mishra, Rajendra Chandra Singh Samant and Gautam Chourdiya, JJ., has held that the prospective

Case Briefs High Courts

Registration of FIR cannot form the basis for compulsory retirement of an employee in light of such an employee’s good Annual Performance Report

Jammu and Kashmir High Court: While deciding upon the petition challenging the the defensibility and legality of Order No. 36 of 2015,